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The Ä¢¹½ÊÓƵAT held that the staff member¡¯s motion for recusal of the Ä¢¹½ÊÓƵAT Registrar had no merit. The Ä¢¹½ÊÓƵAT noted that the decision to administratively close the case had been taken by the Ä¢¹½ÊÓƵAT President and communicated to the parties as such by the Ä¢¹½ÊÓƵAT Registrar in her letter. The Ä¢¹½ÊÓƵAT found that it followed from the administrative closure of a case that parties no longer had the right to access the Court Case Management System under the case number in question. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵAT Registrar¡¯s decisions to reject as manifestly inadmissible the staff member¡¯s filings following the case...

The Ä¢¹½ÊÓƵAT held that the President of the Council of ICAO, in taking the decision not to approve the appointment of the staff member to the post, had regard to relevant considerations: the staff member was negatively assessed by the interview panel and the assessment centre, and had serious weaknesses in areas of vision and other competencies which were critical skills for ICAO. The Ä¢¹½ÊÓƵAT found that the reasons provided by the President accorded with the facts.

The Ä¢¹½ÊÓƵAT was of the view that, although the President discussed the matter with some members of the panel, these discussions had not...

The Ä¢¹½ÊÓƵAT held that the application for revision had no merit. The Ä¢¹½ÊÓƵAT considered that since all the evidence submitted by the applicant as new had always been in her possession and she had never mentioned them or made any effort to have them produced during the judicial proceedings, this evidence was not new to her.

The Ä¢¹½ÊÓƵAT noted furthermore that the applicant¡¯s submissions essentially repeated or added to the same arguments that she had raised before the Ä¢¹½ÊÓƵAT in the prior proceedings.

In addition, the Ä¢¹½ÊÓƵAT pointed out that in failing to comply with the Order in which the Ä¢¹½ÊÓƵAT granted in...

The Appeals Tribunal found that the paucity of positive comments, compared with the overwhelmingly negative comments rendered Ms. Haydar¡¯s performance evaluation an ¡°administrative decision¡± with a direct adverse impact on her employment. The Appeals Tribunal thus found that the Ä¢¹½ÊÓƵDT did not err in finding her application receivable.

Turning to the merits of the application, the Appeals Tribunal found that by characterizing Ms. Haydar¡¯s performance as ¡°successfully meets performance expectations¡±, the Administration precluded her from contesting the appraisal through the rebuttal process...

The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵRWA DT had ordered each party to nominate a psychiatrist, who in turn were to designate a third psychiatrist to review whether the staff member¡¯s mental condition at the time he committed the burglary, sentencing for which had been the grounds for his separation in the interest of the Agency.The Commissioner-General failed to comply with this instruction, without explanation, thereby leaving the Ä¢¹½ÊÓƵRWA DT with no medical information about AAW's condition at the time of the burglary.

The Ä¢¹½ÊÓƵAT found that the Commissioner-General had clearly and manifestly abused the...

The Ä¢¹½ÊÓƵAT held that the former staff member failed to provide evidence to prove entitlement to compensation for harm suffered. In particular, the Ä¢¹½ÊÓƵAT found that no evidence was submitted proving a nexus between the illegality committed and any harm suffered by the former staff member as a result. The Ä¢¹½ÊÓƵAT highlighted that the medical report submitted by the former staff member recorded that she had complained of lack of sleep and headaches ¡°for several years¡± and that such symptoms were consistent with a previous diagnosed medical condition.

As to the costs of the appeal, since there was no...

The Ä¢¹½ÊÓƵAT noted that the staff member had telecommuted from his home country for the entire academic year. The Ä¢¹½ÊÓƵAT found that payment of the educational grant required the physical presence of the staff member at their official duty station, with such payment to be suspended or adjusted for the period that they were telecommuting from outside the official duty station.

The Ä¢¹½ÊÓƵAT held that it was not open to the staff member to rely on a defence that the Administration be estopped from relying on the applicable provisions in its interpretation of the circumstances under which the education...

The Ä¢¹½ÊÓƵAT dismissed the application for revision, finding that none of the alleged new facts were ¡°new facts¡± for the purpose of Article 11(1) of the Ä¢¹½ÊÓƵAT Statute. The alleged new facts either occurred after the issuance of the Ä¢¹½ÊÓƵAT Judgment, were known to the Appeals Tribunal, or matters of law.

The Ä¢¹½ÊÓƵAT granted the application for correction in part, to the extent that the Ä¢¹½ÊÓƵAT agreed with Ms. Raschdorf's argument that an error arose in paragraph 44 of the Ä¢¹½ÊÓƵAT Judgment where the Ä¢¹½ÊÓƵAT wrongly referred to the Advisory Board on Compensation Claims instead of the Pension Fund.

Finally, the...

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT made several errors of law and of fact leading to a manifestly unreasonable outcome.

In particular, the Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT erred in refusing to hold a hearing of evidence that Mr. Nkoyock sought to call to establish his defence to the allegations against him and to impeach the Secretary-General¡¯s witnesses. The Ä¢¹½ÊÓƵDT further erred when it failed to reach its own conclusions on disputed facts and relied overly on the internal investigation¡¯s findings. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT also erred in relying on evidence that it had ruled irrelevant and inadmissible...

The decisive fact relied on by the Secretary-General to justify a revision of the Ä¢¹½ÊÓƵAT judgment is said to be that Mr. Russo-Got inserted false information in his candidature regarding his alleged experience with NATO. The Secretary-General submits that he first became aware of this fact formally when it was made known to Ä¢¹½ÊÓƵOPS after the issuance of the Ä¢¹½ÊÓƵAT judgment.

Ä¢¹½ÊÓƵAT held that the facts advanced by the Secretary-General, namely the allegedly false information Mr. Russo-Got had inserted in his candidature, could not be decisive of the Secretary-General¡¯s case and enable him to now...